Digital Commons Network^™

Investment In Water And Wastewater Infrastructure: An Environmental Justice Challenge, A Governance Solution, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

This article evaluates the impact of the growing presence of privatized water and wastewater infrastructure projects in some of the world’s most populous countries: China, India, the United States, Brazil, and Nigeria. Together, these nations account for nearly 50 percent of the world’s population. The article discusses environmental justice issues associated with contaminated drinking water and insufficient sanitation and explores the role that public versus private ownership of water infrastructure plays in ensuring access to clean water for the lower-income echelons of society. It articulates the importance of the rule of law and sound environmental governance in this arena and …

Climate Change Consensus: Emerging International Law, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Environmental Dispute Resolution In The Law School Curriculum, Jill I. Gross, Alexandra D. Dunn

Pace Environmental Law Review

No abstract provided.

A Superfund Solution For An Economic Love Canal, Mehmet K. Konar-Steenberg

Pace Law Review

No abstract provided.

Citizen Participation In The Making Of Environmental Decisions: Evolving Obstacles And Potential Solutions Through Partnership With Experts And Agents, Marc B. Mihaly

Pace Environmental Law Review

No abstract provided.

Is New Always Better? The Case For License Renewal In The Next Generation, Tamar J. Cerafici

Pace Environmental Law Review

No abstract provided.

Attorneys' Fees In Environmental Citizen Suits And The Economically Benefited Plaintiff: When Are Attorneys' Fees And Costs Appropriate?, Michel Lee

Pace Environmental Law Review

No abstract provided.

The Globalization Of Environmental Law , Robert V. Percival

Pace Environmental Law Review

No abstract provided.

A River Beckons Home, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

Entire texts have been devoted to exploring the meaning of the term “lifestyle” and sociological understandings of lifestyle are complex and nuanced.For present purposes, however, a more simple articulation of the term will suffice. Lifestyle can mean “mode of living,” including “patterns of action” and “patterns of ways of living.” Without rendering judgment, one observation that can fairly be made about the current lifestyles and associated behaviors of Americans is that they indirectly and directly lead to the emission of a high volume of greenhouse gases (“GHGs”).⁷ Although an American diplomat is said to have remarked in preparing for …

Contextualizing Environmental Human Rights: A Relativist Perspective, Roda Mushkat

Pace Environmental Law Review

No abstract provided.

Environmental Law In New York State: The Past As Prologue To The Future: Eighth Annual Gilbert And Sarah Kerlin Lecture On Environmental Law October 19, 2007, John P. Cahill

Pace Environmental Law Review

No abstract provided.

Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan

Dissertations & Theses

This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.

Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment, a …

Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

With its abundance of natural resources and due to the state's strong environmental policies, Wisconsin has “enjoyed a reputation as a state rich in natural beauty and recreational opportunities.” Yet, despite the state's strong environmental protections, some based upon constitutional principles, this Article addresses whether Wisconsin's environmental constitutional provisions can be improved upon. This Article attempts to evaluate the existing environmental provisions in the Wisconsin Constitution, and considers, looking at a variety of options and sources, whether the state should proceed forward with any changes, minor or major, to environmental law in the Wisconsin Constitution. This Article considers expansion of …

In Praise Of Parochialism: The Advent Of Local Environmental Law, John R. Nolon

Pace Environmental Law Review

No abstract provided.

Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon

Pace Environmental Law Review

No abstract provided.

Clean-Water Land Use: Connecting Scale And Function, Craig Anthony Arnold

Pace Environmental Law Review

No abstract provided.

Revisiting The Tense Relationship Between The U.S. Supreme Court, Administrative Procedure, And The National Environmental Policy Act, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article addresses the possibility, under the prevailing understanding of NEPA, that an agency might draft a comprehensive report containing information about potential environmental effects and alternate approaches to a proposed plan--and then wholly disregard all of this information in making its final decision. Although an agency may contend that it has “considered” the environmental consequences of alternative courses of action, what if these factors have no actual impact on its final decision? Hypothetically, an agency could simply “steamroll” toward its preferred decision, hurdling NEPA's procedural obstacles without genuinely considering potential environmental harms or the means to avoid them.

This …

Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explores the prospects of achieving policy coherence in the field of land use regulation. It explains how, as municipal governments react to pressures and crises at the local level, they discover and adopt new strategies in a constant process of experimentation. Through a properly constructed legal framework, critical information can be relayed from local to higher levels of government, state and federal legislators and judges can respond, and a "system" of law can evolve. Using theories developed in the fields of systems analysis and diffusion of innovations, the Article describes the process by which local communities perceive land …

Ecosystem Management In Question: A Reply To Ruhl, Bruce Pardy

Pace Environmental Law Review

No abstract provided.

Integrating Local Waterfront Revitalization Planning Into Local Comprehensive Planning And Zoning, Patricia E. Salkin

Pace Environmental Law Review

No abstract provided.

Despite Alarmists, 'Kelo' Decision Protects Property Owners And Serves The General Good, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The United States Supreme Court’s decision in Kelo v. City of New London, has spurred national debate, as many people portray the court’s decision as a damaging blow to private property rights. In Kelo, the court confirmed local government’s ability to condemn property in an area designated as blighted by the state, in order to encourage economic development. This article highlights several positive examples of this sort of condemnation in New York case law, where the public interest was served by economic redevelopment. The article goes further, to distinguish several legal decisions from Kelo, where courts invalidated condemnations upon a …

The Effects Of Globalization On Women In Developing Nations, Nazreen Bacchus

Honors College Theses

Within the past two decades, globalization has created a tremendous impact on the lives of women in developing nations. Globalization can be defined as “a complex economic, political, cultural, and geographic process in which the mobility of capital, organizations, ideas, discourses, and peoples has taken a global or transnational form (Moghadam 1999). With the establishment of international free trade policies, such as North America Free Trade Agreement (NAFTA) and GATT, transnational corporations are using the profit motive to guide their factories toward developing nations in search of “cheap” female labor. Corporations prefer female labor over male labor because women are …

Environmental Accountability And Public Involvement, Leroy C. Paddock

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Managing For Results To Enhance Government Accountability And Achieve Environmental Justice, Ann E. Goode, Suellen Keiner

Pace Environmental Law Review

The authors explain how government accountability studies conducted by the National Academy of Public Administration may address environmental justice and enhance environmental protection for all United States citizens, regardless of race or income.

Environmental Accountability And Public Involvement, Leroy Paddock

Pace Environmental Law Review

This article discusses the need for increased public participation in increasing organizations' environmental accountability.

The Transition To Sustainable Development Law: Ninth Annual Lloyd K. Garrison Lecture On Environmental Law, J. William Futrell

Pace Environmental Law Review

No abstract provided.

Silent Blight: New York's Brownfields & Environmental Justice, Nicholas Capuano

Pace Environmental Law Review

A complete prediction of the success of brownfield legislation cannot be made through statutory analysis alone. There are many factors besides the legislature's scope of influence and authority that must work in tandem to ensure broad success in brownfield redevelopment. This comment analyzes the economic, social and political dynamics surrounding brownfields in minority neighborhoods via discussions regarding how legislators and the governor must leverage all tools at their disposal to achieve brownfield initiatives that will simultaneously serve to address environmental justice goals.

Changing Nature: The Myth Of The Inevitability Of Ecosystem Management, Bruce Pardy

Pace Environmental Law Review

In this article, the author argues that ecosystem management is a policy choice masquerading as an inevitability. Ecosystem management is a process that measures, controls and changes ecosystems to produce the most desirable environment in human terms. The article begins with a discussion of two developments from which ecosystem management derives its legitimacy, the theory of nonequilibrium in ecosystems and the extinction of pristine systems: ecosystems exist in a fluid and dynamic state, and there are no ecosystems that are completely unaffected by human impact. Therefore, according to the prevailing view, it is not possible to preserve ecosystems in a …

Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon

Pace Environmental Law Review

No abstract provided.